Surender Bajaj v. Dinesh Chand Gupta and Ors.
Court – Delhi High Court
Citation – ARB.P. 1076/2025
Date – 19.08.2025
The Hon’ble Delhi High Court has held that a Section 11 Application cannot be filed if order dismissing Section 8 Application is not set aside as such order amounts to res judicata.
The Court held,
“13. On perusal of the finding rendered in paragraph no.11, the same would clearly reveal that the Court has opined that sending the parties to an Arbitrator would lead to splitting of the parties and referring the part of the subject matter to Arbitration, which is not the scheme of the Act of 1996.
14. Though various submissions have been made by the learned counsel for the petitioner to contend that such a finding is erroneous and does not bind this Court, however, so long as the order dated 08.04.2024 is not set aside or interfered with, the Court is of the opinion that in the instant application, the similar prayer cannot be repeated to refer the parties to the Arbitrator as the same would amount to res judicata.
15. Under the aforesaid circumstances, the Court is not inclined to accept the prayer made in the instant application.”
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